SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Borough of Sayreville v. 35 Club, L.L.C. (A-66-10) (067092)

Argued September 12, 2011 -- Decided January 19, 2012

HOENS, J., writing for a majority of the Court.

The question in this appeal is whether a court may consider, as part of its determination of an as-applied challenge to the State’s statute limiting the places where sexually-oriented businesses may operate, the availability of alternative channels of communication that are located in another state.